Delhi

East Delhi

CC/276/2021

DR. MERAJ HUSSAIN - Complainant(s)

Versus

M/S RELIANCE RETAIL - Opp.Party(s)

07 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 276/2021

 

 

	Meraj Hussain, House No. B/702, Punjabi Saudagar Apartment, Mayur Vihar Extension-I, New Delhi-110091.	…..Complainant
Versus
1.           2.         3.	M/s Reliance Retail Ltd., Through its Authorized Signatory/Person Regd. Office:- 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Taloo, Mumbai, Maharashtra-400002.   Reliance Digital Express, Through its Manager F-11, Plot No. 12, V3S East Centre, Laxmi Nagar, DT Centre New Delhi-110092.   Reliance Digital ResQ Through its Manager, 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Taloo, Mumbai, Maharashtra-400002.	……OP1         ……OP2         ……OP3

 

Date of Institution: 29.07.2021

Judgment Reserved on: 07.07.2023

Judgment Passed on: 07.07.2023

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms.Rashmi Bansal (Member)

 

 

Order By: Sh. Ravi Kumar (Member)

 

JUDGMENT

 

1. The Complainant has alleged deficiency in service on the part of OPs in selling him defective Refrigerator and then in not refunding the amount of the Refrigerator nor replacing the same with new one.
2. The Complainant in his complaint has contended that he had purchased a Refrigerator (Model no. REC SBS INV-562 REF with Model name ‘Reconnect’) on 07.08.2019 for Rs.52,938/- from OP2 at its outlet at V3S Mall, Laxmi Nagar. At the time of purchase of the Refrigerator, the Salesman of OP1 told him that Refrigerator was having ‘10 Years Replacement Warranty’ from the date of purchase. OP2 also issued him a ‘10 Years Warranty Card’ for the said Refrigerator.
3. The said Refrigerator worked well for 1 year & 10 months  but on 09.06.2021 there was some defect/electrical fault and the Complainant approached OP3 through Mobile App of OP1 and lodged the complaint. On 11.06.2021 the representative of OPs visited the residence of the Complainant and informed that Repair Team of the Company will come to his residence to inspect the Refrigerator. On 15.06.2021 another team of OP1 & OP2 visited the residence of the Complainant for repair of the Refrigerator and after minute technical inspection, they informed the Complainant that there is fault in the Compressor of the Refrigerator and that the repairs will be done within 2 days or the Refrigerator will be replaced with new one, if not repaired as the Refrigerator was in the Warranty period.
4. On 17.06.2021 the Complainant wrote e-mail to Customer Service of OP and he was assured that the issue will be resolved within 24 hours. But nothing happened and again 20.06.2021 Complainant wrote another e-mail and this time the representative of OP1 & OP2 informed him that they will be dispatching the Technical Team on or before 25.06.2021.
5. On 25.06.2021 the customer support team of OP1 & OP2 approached the Complainant and sought one more day time to resolve the issue which was agreed by the Complainant. However nobody from OP1 & OP2 visited the place of Complainant and more time was sought to resolve the issue. But nothing happened thereafter and Complainant issued legal notice dated 29.06.2021 to OPs to which no reply was received.

Aggrieved by the above, the Complainant filed complaint before this Commission with the following prayers;

1. Pass an order directing the OPs to pay Rs.52,938/- to Complainant as cost of the Refrigerator together with interest @18% p.a. till payment.

ii) Pass an order directing OPs to pay a sum of Rs.5,00,000/- to Complainant towards damages, harassment, mental agony, trauma, torture and anguish rendered by the OPs.

iii) Pass  an  order  directing  the  OPs  to  pay  a  sum  of  Rs.25,000/-  to  the Complainant  towards the litigation expenses.

 

iv) Pass any other order in favour of Complainant and against the OPs which this Commission deem fit and proper in the fact and circumstances of the case.

 

6. Notice was issued and joint Reply on behalf of all OPs i.e. OP1, OP2 & OP3 has been filed. The OPs have contended that the Complainant made his first complaint which was registered as service order no. 8044747577 on 10/06/2021 post which the Service Engineer of Opposite Party No. 2 visited the address of the Complainant to inspect the Refrigerator and found gas leakage issue therein and gas filling was done but still Refrigerator was not working properly and on further inspection it was found that there was defect in the Compressor of the Refrigerator.
7. Immediately thereafter, the Service Engineer escalated the matter for replacement of the Compressor and raised indent with the Manufacturer. Thereafter Service Engineer of OP2 visited the residence of the Complainant on 18/06/2021 and assured the Complainant for an early resolution based on the availability of the Compressor, as OP2 herein is not the Manufacturer of the Product and is solely dependent on manufacturer for any parts/spares. The Complainant was informed that the expected date of replacement of Compressor was 30/06/2021 but still the Complainant without any valid reason kept on escalating the matter for replacement of Refrigerator.
8. Upon receipt of the Compressor, OP2 sent his Service Engineer with the Compressor on 30/06/2021 but the Complainant flatly refused for the replacement of ‘Compressor’ and pressed for replacement of whole ‘Refrigerator’.
9. OPs have claimed that they had given best of their services as per the Warranty conditions and the Complainant’s demand for replacement quoting 10 years of Replacement Policy is incorrect and as per the Warranty condition the product is repaired and in case of particular part is not repairable then said part is replaced.  OPs have stated that 10 year Warranty was on ‘Compressor’ only and denied that the salesman stated about the replacement Warranty of the Refrigerator and Complainant be put to strict proof for the same. All possible help/support has been extended to the Complainant and Complainant was informed and assured that the ‘Compressor’ would be replaced by 30.06.2021 however still the Complainant kept on writing e-mails and when the OP2 approached the Complainant for the replacement of Compressor, the Complainant refused and demanded replacement of Refrigerator with new one  which was denied. OPs have also denied that they have sold poor quality product or were negligent in their services towards the Complainant. OPs have stated that there is no deficiency in service of their part.
10. Complainant has not filed Rejoinder to the Reply of the OPs.
11. Complainant has filed his evidence by way of affidavit wherein he has marked following documents as exhibits:

• Original copy of bill alongwith Warranty Card as Exhibit C-1/A (colly)\
• Email correspondence with the OPs as Exhibit C-1/B (colly)
• Copy of Legal Notice dated 26.09.2021with postal receipts as Exhibit              C-1/C (colly)

 

12. OPs have also filed their evidence by way of affidavit.
13. This Commission has heard the arguments of both sides and perused the records.

The case of the Complainant is that he had purchased a brand new Refrigerator on 07.08.2019 for Rs.52,938/- from OP2 from V3S Mall, Laxmi Nagar, Delhi. The Refrigerator model was ‘Reconnect’ and the model number was REC SBS INV-562 REF. The said Refrigerator worked smoothly for 1 year and 10 months and on 09.06.2021 there was some problem in the Refrigerator and the Complainant raised complaint before OP3 through the Mobile App of OP1. On 11.06.2021 the representative of OP1 & OP2 visited the residence of the Complainant and assured him that their Repair Team will approach him shortly.

14. On 15.06.2021 the technician of OP1 & OP2 visited the Complainant and after inspecting the Refrigerator found gas leakage which was re-filled but still Refrigerator was not working properly and then on further inspection, it was observed that there was electrical defect in the ‘Compressor’ of the Refrigerator and he informed the Complainant that he will escalate the issue for replacing the defective Compressor with new one. According to the Complainant no one visited him thereafter and Refrigerator was not replaced with new one as per the Warranty which lead to filing the complaint before this Commission.
15. The Complainant has enclosed copy of Bill dated 07.08.2019 (Exhibit C-1/A) and he also enclosed the tracking report of the complaint he had made alongwith ‘10 years Warranty Card’. As far as the track report of the complaint there was a service request on 10.06.2021 for repairing which was attended on 10.06.2021 when the Engineer was allocated and on 19.06.2021 it is mentioned that ‘spare part awaited’. There is an e-mail dated 26.06.2021 wherein it is mentioned by OP that they have ordered the required parts and the same has reached the Service Centre and they will try to resolve the issue next day. However there is also an email dated 27.06.2021 from the Complainant wherein he has mentioned that if Refrigerator was not serviced on the same day then he would be filing the case.     
16. From the facts of the case it is observed that though the Complainant is claiming that the Refrigerator in question was having 10 years warranty of replacement however from Exhibit C-1/A (colly) filed by the complainant it is shown that 10 years warranty is on the ‘Compressor’ and not on the Refrigerator.
17. As far as action taken by the OPs on the complaint made by the Complainant is concerned it is observed prompt action has been initiated by the OP and once  the technician of OP found that there was defect in the Compressor of the Refrigerator then steps to replace Compressor was taken by OP and vide their email dated 26.06.2021 they had also confirmed that the required part has reached their Service Centre and on 27.06.2021 the Complainant wrote email to OPs that in case his Refrigerator not serviced on that day i.e. 27.06.2021 then he would be moving to court against them. Thereafter there was communication breakdown between Complainant and the OPs.
18. From the evidence on record (Exhibit C-1/A, colly) it is amply clear that 10 years Warranty was for the ‘Compressor’ only and not for the Refrigerator and in their Reply to the complaint OPs have stated that they had sent their Service Engineer to the Complainant on 30.06.2021 with new Compressor for replacement but for the reasons best known to the Complainant he refused and demanded for replacement of the Refrigerator with new one. This stand of the OPs in their Reply to the complaint has not controverted by the Complainant and on 17.10.2022 it was stated by the Complainant that he does not want to file Rejoinder to the reply of OP.
19. As per the Warranty terms & conditions the OPs have done what was required to be done in the minimum possible time on account of procedural layering however the Complainant refused to get the Refrigerator repaired by replacing the Compressor with new one and instead insisted upon replacement of the Refrigerator with new one.
20. On the one hand complainant is relying upon Exhibit C-1/A (colly) and also he has filed warranty card at page-25 of his complaint which is the ‘Warranty Card on Compressor’ and on the other hand he is insisting on replacement of the refrigerator with new one  thus there is contradiction in the stand of the Complainant.
21.  In case of deficiency in services the Complainant has to establish as to what was required by the other side to be done which has not been done. The Complainant is not able to establish the same. OPs were required to replace the ‘Compressor’ and they were ready with the new Compressor to replace the defective one and they had sent their Service Engineer on 30.06.2021 to the Complainant. However Complainant refused to get the Compressor replaced by OPs.
22. From the reasons stated above, this Commission holds that the Complainant has not been able to establish any deficiency in service on the part of OPs.
23. Hence the complaint filed by the Complainant is dismissed.

 

Copy of the Order be supplied/sent to the Parties free of cost as per Rules.

File be consigned to Record Room.

Announced on 07.07.2023.